Requirements for Government Civil Liability in Cultural Matters

Lack of sanctions for the efficient fulfillment of cultural obligations of the government in policy, legislative, executive and judicial terms has created  shortcomings as regards legal provisions such as article 3 of the [Iranian]Constitution. It has also led to the violation of individuals cultural rights. In addition, article 11 of the Civil Liability Act exempts the government from liability in all governance matters, regardless of the importance and vulnerability of the victim. This has created a large gap in compensating damages caused by the actions or omissions of natural and legal persons in respect of cultural rights. If legal challenges such as how to prove faut in cultural affairs are not resolved in a timely manner, beside affecting public order and security, it will further increase the violation of rights and cause human, material and moral damage to individuals. The question that arises is, what is the way to demand such damages, especially from the sovereign institutions such as the Supreme Council of the Cultural Revolution and the Ministry of Culture and Islamic Guidance? In this descriptive-analytical study, while explaining some principles of administrative law and good governance such as responsibility and accountability, it will be argued that due to the high importance and particular features of cultural rights, damages caused by government institutions to such rights should not remain without compensation.